A judge first ordered Tran to remove the flag and picture, calling them a public nuisance, but eventually reversed the order, saying the First Amendment protected Tran's actions.

His court victory however, hasn't stopped the controversy, which has been kept alive by daily protests outside the store.

The last time Tran tried to enter his shop, he was assaulted and had to be hospitalized. Tired of the protests, the landlord of the shopping center ordered Tran to vacate the premises by the close of business Friday or face an eviction suit, claiming that Tran owes thousands of dollars in unpaid rent.

Tran, who disputes the contention that he owes back rent, has vowed to fight the eviction in court, and his attorneys allege that police aren't doing enough to protect Tran and control protesters. He is being represented by the American Civil Liberties Union.

"The Vietnamese community in this country must understand that freedom means we are all free to express our opinions," Tran said. "Most people in the Vietnamese community do not speak their mind because they are afraid that they will be attacked by other people in the community."